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    • And with 33% equity nobody will care either.
    • 3 threads merged please keep to one thread.   forget the calendar section of a credit - no-one bar the original creditor and the person can see that   its the summary status line the any potential lender will only see.   so as it stands, she as 1 or 2 in the calendar section which, correctly shows she was either late with the required payment for that month or short paid what should have been.   although these will effect here potential 'score'. as said above only the lender and her can see them
    • I haven't had a chance to read through his contract yet but he is insisting that it says of he leaves his position within 2 years he will have to pay back his course fees. I will read it properly though and get back to you  Thanks for your help so far 
    • Hi all,   New to the forum, so please feel free to move the topic if needed.   I need a little help with a used car: I bought an 04 BMW from a dealer about 2.5 weeks ago. It cost £1,600. I gave it a test drive and it seemed pretty decent so paid via bank transfer and took it home. The issue started when I took it on a national speed limit road as the car started to sway on the road. I reported this to the dealer and he agreed to fix the issue. He took it to his mechanic who informed him that it was the drivers side hub. They didn't have time to fit it so gave me the part and the option to use a local mechanic. The mechanic agreed it would be causing the sway, charged me £80, which the dealer refunded to me.  The car was improved but we went on a short break over the last few days and I drove the car about 35 miles away. The issue now is there is a rumbling sound, noticeable on motorways and it doesn't feel particularly safe, especially over deviations in the road. As the swaying was the main issue I can't say if that rumbling was there to begin with.   The dealer has been fair to me so far in refunding me the money but he did admit he only test drove the car and it wasn't checked over fully when I took it back the first time. My mechanic said the play on hub was so bad it should never have been sold in that condition. I have messaged the dealer this evening explaining the issue but he has been a bit defensive saying the car does not have a warranty and he has already spent money on repairing it. He will need to speak to his manager and get back to me. To be fair to him he has attempted to repair it but for me he should never have sold it without it being mechanically checked over.  What do people make of this? What are my options if he won't budge and I need to take it further. I would like a refund rather than another repair as I feel I have been pretty patient so far. At the moment I have a car that isn't safe and I can't afford to take a £1,600 hit in my pocket.   Many thanks,   Mark.  
    • I have threads elsewhere re a repayment plan (6 months) with Barclays Mortgages during a maternity leave. Arrears now paid, trying to re-mortgage but with great difficulty. Not really advised of dire consequences of this decision, trying to get SAR info but no luck with telephone recordings as yet. Complaint handler appear sympathetic but who knows to what extent. Looked at Which website and they mentioned a Goodwill Adjustment letter which I have never heard of. Intention of this thread was to see if anybody had used this to remove bad markers from their credit files.
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    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
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      • 16 replies

Can I recover this money?

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I lent my son and his then partner (not married) £10k as a deposit to buy a house in 2014. A verbal agreement was reached between all 3 parties that once they were in the house, I'd give them 9 months grace and then they could pay the £10k back at £150 per month (between them).


My financial advisor produced a very short document which stated the £10k was a gift to both parties. This was signed by both parties. However it is very important to note that despite this it was always very clear the £10k was a loan not a gift. I did not sign this document nor was I requested to. I do not know the whereabouts of this document now and neither does my son.


The 9 month mark came and my son and his partner both set up monthly direct debits which deposited £75 (each) into my account.


At 12 months they separated and approx. 4 months later sold the house and were left with £3000 'profit'.


My Son and his ex-partner agreed this should go back to me as part payment. The £3k was transferred to my account after the sale completed.


They've now been separated 13 months and my son has continued to pay 'his' £75 Direct Debit each month.


During the first 4 months post-separation the ex-partner only paid her share twice (month 1 and month 4) and stated she couldn't afford to pay it back as her other commitments were to great.


We had dialogue via text and she stated she'd return to the £75 direct debit as soon as she was 'on her feet'.


I received nothing for the next 6 months despite 2 prompts via text to which she didn't reply.


I texted her again at the 10 month mark and she stated she would only be able to pay the £75 per month back once my son started to give her Child Maintenance as she had recently commenced a claim for this.


At the 11 month mark my son began to pay the child maintenance (£105 per month) so I contacted her again by text.


She replied that she was now unwilling to pay any of the remaining money back and that legally it was a 'gift'. 2 months down the line she has not made any further payments.


I can see her argument as the document states it was a 'gift'.


However, my argument is that if it was a gift why did she return 'her half' of the £3k profit? why has she made 2 payments of £75? and why has she sent texts stating she'll pay it once she's on her feet or when the child maintenance comes though?


I'm considering a small claims court application, what are my chances?

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I think that we need to know more about what the document was about. Why did they sign it? And why did you not sign it?


I think in principle you are right that the fact that money was repaid and that they were promises to continue repayments undermines the idea of a gift.


I think that you have a fair chance of recovering the money in a County Court – but for instance if it turns out that the document was drafted and signed in order to avoid some tax liability, for instance, then you will definitely lose because the court will not become involved in that kind of arrangement.


Even if you do win, are you sure you can enforce a judgement?

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I never knew of the document until well after the money had been transferred to them.


Wouldn't 'enforcement' be done via a DEO or similar?



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There is a (rebuttable!) presumption that a transfer of money father to child will be a gift.

If you had a document setting it out as a loan : this could rebut that presumption.


I agree with BF's concern : why was there a document setting it out as a gift if it wasn't a gift?

If you are going to make a claim on grounds that it was a loan and it is equitable for a loan to be repaid, you will need "clean hands"!

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A blunt question, "Was the intention of the note stating that the money was a gift produced with the intention of deceiving the mortgage company which would be concerned if the money would have to be repaid?"

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